International Migration Law and Human Rights

Oh Oh a lot of people see migration as a problem or talk about the problems of migration which in my humble opinion is totally wrong migration is not a problem migration is a fact of life and it’s true that there are challenges to managing migration but it’s not a problem per se what we try to do from a very legal perspective when we want to make certain that rights of migrants are protected is that we try to focus on the fact that having a human rights based approach to migration on having a human rights-based approach to migration management really is the only sustainable way forward let me give a few examples if you have a huge segment of the population and your workforce workforce which is composed of irregular migrants there’s a very good chance that’s not good chance for this very big chance that these people will be working in an exploitative environment which obviously is very bad for the individual that’s a protection angle it’s also not very good for the state because there will be a segment of the population and a segment of the labor market which is then not controlled so it is a win-win situation for the state to actually have effective labor legislation protecting these migrants which I think we can realize they will very often be migrants working in these irregular situations because they are easier targets you can see this quite clearly but from human rights perspective if you look for instance to that vizor opinion of the inter-american Court stating very clearly that any my any regular migrant the moment he or she is in a work situation has directed labor rights you are a worker before you are an irregular my god you can see it at the EU level that in a directive in from the EU targeting the employment of what the EU terms illegal migrants illegal third country nationals Isles please come back to why we don’t like that one of the sanctions to employers is to pay back minimum wages for instance and you can see that’s a sanction against the employer and this is very much targeting avoiding having illegal for internationals in the EU but at the same time the protection of the individual so that two sides to this coin and both sides will if implemented and if understood in the right way actually further protection another point that I would like to make is that from a legal perspective terminology is such a very important and that’s also something that we try to further when we talk to our counterparties in in States but in governance particularly first of all we humanly oppose the use of the term illegal migrants a person can never be illegal you can be in a legal situation you can have enter the country illegally but you as a person can never be illegal you can be irregular another thing that I think is important against mentioned before that some of us might be migrants and not even think about ourselves is that it’s also important to notice that it’s just an anecdote but I have colleagues so six of our migrants and legally they are not we are international civil servants we are not migrant workers me I guess because we don’t work that much another let’s me give you an example which is why the egocentric all which is because it’s about me I have a Danish passport and as Jen said I worked for a long time in Italy also not as an international civil servant and now I am NOT a migrant worker but I actually moved to Italy when the mobility the Yuki mobility was already below will established so also that was not considered a migrant worker so terminology is is important and so are the worst such as should or could or shall I think it’s important when we talk about social rights and economic rights to know that migrants should not have rights migrants have lights both established on that migrant workers convention that I’m sure that Jacob will talk more about a convention we know suffer from the lack of ratification but also according to two major covenants and other international human rights instruments there’s absolutely no doubt about the fact that also irregular migrant workers for instance have basic rights it’s true that certain economic rights such as the right to Social Security can be limited to Nationals but the right not to emergency but to basic health care which is totally different emergency healthcare is often much more costly and it’s also the last resort was basic health care is something that you offer to also including a preventive health care for instance is something that migrants have I don’t I’m not here saying that the work world is low C and that implementation is perfect if it was I would be out of a job I would focus on tax law and make a lot more money but legally speaking these rights are in place another thing that I think we need to to focus on or just to remember just to recall which refers to terminology is that when we talk about gender we don’t always only talk about women gender is men and women and I think it’s absolutely true that as several panelists have underlined that women are clearly more at risk of being exploited in many situations but just to give you one example for a very long time when we talked about trafficking and the rights of victims of trafficking and the protection of victims of trafficking we focus a lot of women trafficked for sexual exploitation particularly and that actually had a rather serious harmful effect on men who were trafficked for labor exploitation for instance into the agricultural sector so it’s very important that that we don’t forget the gender is actually actually both with in what we do in the indica sea on their specific advocacy aspects what we try always to to draw the line is that migration management is not only about having effective border management it’s not only about having control of accident and entry it’s about having all those things but with respect for the individuals rights I have been accused of being hardcore protection or human rights Taliban few times which are labels I wear with a certain pride and usually people have rather surprised when I say that border control is actually a good thing border control is a good thing as long as well as long as border control does not become limiting access for everybody and anything that comes in its at the borders that we might actually discover a lot of trafficking smuggling which in turn will help the victims but what’s very important is that such management that part of migration management has a very clear human rights component to it and has a very clear focus on the individuals rights but apart from that migration management is also other things it’s also having reasonable policies on migration and having regional policies on migration does not mean that we block the entry for the workforce that we actually need we can see that a number of countries have a huge irregular migration or migrant workforce in their countries and why is that migration work or migrant workforce there because there’s a need for it which means that those countries most probably do not have a reasonable migration policy it’s not easy and here I’m coming back to you answers question I think more or less to convince states that they should manage migration and have migration policies that are a little bit more long-term because there is a general political discourse that right now we manage migration migration is a crisis if you like now it’s a hot topic because if we’re not in an election campaign we might be in a few years but from the work that I see that we do in in in the international migration law unit when we go out and talk to governments they certainly a willingness to listen to incorporating not only human rights but generally an international legal basis for their loss and for their policies because it’s also important to notice that when we talk about the international legal framework governing migration it’s not only human rights it’s also transnational criminal law its label legislature law international labor law it’s in certain instances even international humanitarian law or international criminal law it’s the Lord see so there are number of international standards that are in place and within this framework states ought to implement their migration policies and I think it is it is pretty clear that it they will have a more sustainable migration policy if they obey by the rules that they themselves have actually created and and signed up for

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